All notes for Subtopic 301.06000 – Sympathy

DecisionDescriptionPERC Vol.PERC IndexDate
I062H Regents of the University of California (American Federation of State, County and Municipal Employees, Local 3299 and University Professional and Technical Employees Communication Workers of America Local 9119)
301.6000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Sympathy
Three out of five strikes at issue in employer’s request for injunctive relief were called by different bargaining units, with the remainder choosing to give notice of their intent to respect the primary picket line and strike in sympathy. This series of primary and sympathy strikes could as easily be characterized as a reflection of the University’s decision to bargain separately with each bargaining unit. That is, each bargaining unit maintained a separate and distinct right to take what actions it considered necessary to protect its members and position at the bargaining table. The Board would not infer impermissible coordination based solely on the University’s “information and belief” that such coordination must be present [citation], because such unsupported allegations could not overcome the Unions’ established and presumptive right to exercise the ultimate recourse to strike and to stand in solidarity with their sister employee organizations. (pp. 7-8.) more or view all topics or full text.
11/07/19
2536M City and County of San Francisco
301.6000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Sympathy
The right to strike encompasses sympathy strikes undertaken in support of either protected unfair practice strikes or protected economic strikes by employees in other bargaining units and of other employers. Employees have a right to refuse to cross a picket line regardless of whether their exclusive representative has called for a sympathy strike. The exclusive representative may waive employees’ rights to engage in a sympathy strike only by clear and unmistakable contract language. more or view all topics or full text.
421406/30/17
2141M City of San Jose
301.6000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Sympathy
Issue of whether conduct of private employees in refusing to work due to picketing by building inspectors at private construction sites was privileged as a “sympathy strike” or otherwise is irrelevant to issue of whether the picketing was an unfair pressure tactic in violation of MMBA. more or view all topics or full text.
3416711/10/10
1638H Regents of the University of California
301.6000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Sympathy
As there is no common law prohibition on strikes, a sympathy strike constitutes an unfair practice only if prohibited by the applicable CBA. more or view all topics or full text.
2816206/09/04
1580M Oxnard Harbor District
301.6000: UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES; Sympathy
The California Supreme Court has recognized that there is no common law prohibition on strikes by California public sector employees and their unions. Thus, a sympathy strike only constitutes an unlawful unilateral change if prohibited by a collective bargaining agreement. The term ‘sympathy strike’ refers to one group of employees supporting the strike of another group of employees of the same employer. However, the National Labor Relations Board (NLRB) and the Federal Courts have recognized the right of employees to refuse to cross “stranger” picket lines. Here, District employees represented by SEIU respected ILWU informational picket lines at the District’s place of business. The ILWU was protesting the lockout by their employer, the Pacific Maritime Association (PMA). The connecting factor is that the District provides the work location for employees of the PMA. This conduct falls somewhere in between the conduct described in Children’s Hospital and that in Southern California Edison and thus should be considered a sympathy strike. more or view all topics or full text.
285601/09/04